PROCEDURE-COURT

Tenant's Unnotarized Affirmation Was Defective

July 23, 2019    

Landlord sued tenant, who asked the court to dismiss the case without trial. The court ruled against tenant due to a defect in his court papers. Tenant appealed and lost. Although tenant could submit to the court an...

Default Judgment Against Tenant Should Have Been Vacated Unconditionally

June 24, 2019    

Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. The court later granted tenant's request to vacate the default judgment on condition that tenant pay over $18,000 in rent...

Landlord Vitiated Termination Notice by Accepting Rent Before Starting Eviction Case

June 24, 2019    

Landlord sued to evict tenant based on a lease violation for disturbing neighbors by playing loud music. Tenant asked the court to dismiss the case because landlord accepted rent from tenant after expiration of the...

Landlord Didn't Serve Timely Lease Nonrenewal Notice

May 24, 2019    

Landlord sued to evict rent-stabilized tenant, claiming that it had sent tenant a lease nonrenewal notice, also known as a "Golub notice." Tenant asked the court to dismiss the case. Tenant said that there...

Rent Demand Omitted Periods for Which Additional Rent Was Sought

May 24, 2019    

Landlord sued to evict Mitchell-Lama cooperative-shareholder tenant for nonpayment of rent. Landlord sought $6,181 for "rent, additional rent, miscellaneous charges and fees and costs." Tenant asked the...

Landlord Who Didn't Appear for Pre-Trial Questioning Can't Testify at Trial

May 9, 2019    

Tenant sued landlord after she was injured when her apartment bathroom ceiling collapsed and struck her. Tenant asked the court to bar landlord from offering trial testimony because landlord failed to appear for...

Court Inspects Tenant's Bathtub and Orders Correction of Violations

April 23, 2019    

Tenant sued landlord and HPD, seeking correction of certain apartment violations. The court conducted an inspection at tenant's apartment and found that the bathtub wasn't stable. The court stepped into the...

Settlement Tenant Signed Before Article 81 Guardian Appointed Is Vacated

April 23, 2019    

Landlord sued to evict tenant. The housing court appointed a guardian ad litem (GAL) to assist tenant, and tenant signed a settlement agreement with landlord in court. Later, an Article 81 guardian appointed for...

Tenant Didn't Submit Proper Record to Appeals Court

February 27, 2019    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant appealed and lost. The appeals court dismissed the case because tenant failed to assemble a proper record on appeal, which should have...

Court Can't Amend Judgment to Add Money Award to Landlord

February 27, 2019    

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court that called for a judgment of possession in landlord's favor. Landlord later asked the court to amend the judgment to...

Can FNMA Evict Tenants from Co-op Apartment?

February 27, 2019    

The Federal National Mortgage Association (FNMA) sued to evict tenants from a co-op apartment. FNMA was the assignee of a successful bidder in a nonjudicial foreclosure sale of the building, and it claimed that it...

Court Vacates Settlement Agreement for Tenant Who Had No Attorney

February 27, 2019    

Landlord sued to evict tenant for nonpayment of rent. Landlord obtained a judgment and eviction warrant based on tenant's default. The day after eviction, tenant asked the court to vacate the judgment and warrant...